61Gross value—percentage‑only superannuation interest

61 Gross value—percentage‑only superannuation interest

(1) This section applies for the superannuation interest if the whole of the interest is a percentage‑only interest.

Note: A percentage‑only interest is defined in section 11 of this instrument, and includes a superannuation interest in a superannuation annuity.

Minister has approved one or more methods or factors, and there is evidence that the trustee has used those methods or factors (2) If: (a) under section 62, the Minister has approved one or more methods or factors to be used to determine the gross value of the superannuation interest; and (b) evidence before the court includes the contents of a statement that: (i) was issued by the trustee of the plan in which the interest is held; and (ii) sets out the gross value of the interest as determined using the approved methods or factors; the gross value of the superannuation interest at the relevant date is as set out in the statement. There is no evidence before the court of the contents of a statement referred to in paragraph (2)(b) (3) If paragraph (2)(a) applies but paragraph (2)(b) does not apply, the gross value of the superannuation interest at the relevant date is to be determined using the approved methods or factors referred to in paragraph (2)(a).

Note: This section (and this Part and subsection 44(1)) does not apply for the superannuation interest if no such methods or factors are approved under section 62. In that case, paragraph 90XT(2)(b) or 90YY(2)(b) of the Act applies to the court in relation to the superannuation interest.